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NJ Family Legal Blog Pertinent Information As It Relates To New Jersey Family Laws

Category Archives: Practice Issues

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LITIGANT BARRED FROM APPEARING IN DIVORCE MATTER THROUGH DESIGNATED POWER OF ATTORNEY

Posted in Divorce, Practice Issues

A power of attorney can be a necessary, if not critical mechanism by which to accomplish certain activities in one’s life, where the person instilled with such power acts as an agent on behalf of the appointing individual.  For instance, elderly or disabled individuals often designate someone, often a relative, with a power of attorney to… Continue Reading

STERN REVISITED – USING THE SHAREHOLDER AGREEMENT TO DETERMINE VALUE

Posted in Equitable Distribution, Practice Issues

Inevitably, when there is a business to value as part of a divorce, the valuation experts will ask for buy/sell and/or shareholders agreements.  I often wonder why because quite often, you really don’t see much discussion about these agreements in the valuation reports.  Moroever, since Brown v. Brown changed the landscape, did away with discounts… Continue Reading

STALKING THE SOUL: CO-PARENTING WITH AN ABUSIVE NARCISSIST (PART I)

Posted in Custody, Practice Issues, Visitation/Parenting Time

“Physical violence can be testified to by outside evidence: eyewitnesses, police and medical reports.  With emotional abuse, there is no proof.  It’s clean violence.  Nobody sees anything.” –Marie-France Hirigoyen, Stalking the Soul; Emotional Abuse and the Erosion of Identity. (Amazon.com) Several months ago, after I published Seven Deadly Sins Of Divorce: Pride; The Narcissistic Divorce,… Continue Reading

YOU MAY BE WEALTHY, BUT IT MAY BE HARD TO PAY THE EQUITABLE DISTRIBUTION

Posted in Equitable Distribution, Practice Issues

You’re wealthy and entitled to a big settlement but does that mean that it will be easy to get your share of equitable distribution?  When all of the assets are valued, you are worth $2,000,000, $10,000,000, $25,000,000, $9 billion.  In many cases. the issue is less about the amount of the award of equitable distribution… Continue Reading

Ability to Pay Hearings: A Refresher in the Limits of Coercive Incarceration

Posted in Alimony, Child Support, Practice Issues

“Why won’t they throw him in jail?  He is $10,000 in arrears in child support!”  This is a sentiment many matrimonial practitioners frequently hear from their clients. Often times clients think that courts automatically throw an obligor spouse in jail for the non-payment of support.  While not uncommon in other states, in truth, the use… Continue Reading

THE LAWYER, THE LIAR

Posted in Practice Issues

I like a good joke as much as the next person.  That said, like many in my profession, I get sensitive about lawyer jokes.  Often, they are just cheap shots that in no way reflect the reality of what most of us do.  I particularly despise this one, “How can you tell when a lawyer is… Continue Reading

TAX COURT RULES HUSBAND’S ALIMONY PAYMENTS ARE REALLY NON-DEDUCTIBLE CHILD SUPPORT

Posted in Alimony, Child Support, Practice Issues

In Johnson v. Commissioner of Internal Revenue, an interesting new decision from the United States Tax Court, a former husband was held unable to deduct the payments to his ex-wife as alimony because the amount of such payment was subject to a “child-related contingency.”  Specifically, the parties’ divorce settlement agreement provided that “spousal maintenance” payments to… Continue Reading

NEW JERSEY FAMILY LAW PODCAST SERIES PRESENTS: STOP. COLLABORATE. LISTEN.

Posted in Interspousal Agreements, Mediation/Arbitration, Practice Issues, Property Settlement Agreements

In the third installment of our New Jersey Family Law Podcast Series, we are proud to present – Stop.  Collaborate.  Listen.  Based on one of our earlier blog posts, Eliana Baer and I discuss why these three words are so critical to a successful outcome in divorce mediations, while highlighting the perils that can occur when divorcing spouses refuse… Continue Reading

USE OF MEDIATION AS A STRATEGY

Posted in Mediation/Arbitration, Practice Issues

We have heard over and over that settlement ranks high in the public policy of this state and know from experience how the system is geared toward settlement.  In particular, there is mandatory custody mediation, mandatory Early Settlement Panels (MESP), mandatory economic mediation, Blue Ribbon Settlement Panels, intensive settlement conferences (ISPs or ISCs depending on the county) and the like.  With all of… Continue Reading

DO NOT BE THAT DIVORCE LITIGANT

Posted in Practice Issues

There are always going to be those divorce litigants that, no matter what we say or do as the divorce lawyer, he or she is going to do what they want.  Legal advice, no matter how costly, falls on deaf ears, only leading to more counsel fees and issues to address in an ongoing matter. … Continue Reading

LESSONS IN ADOLESCENT CUSTODY AND CO-PARENTING FROM THE TEENAGE BRAIN

Posted in Custody, Practice Issues, Visitation/Parenting Time

Moody; impulsive; reckless; brash; exasperating. No, I am not describing Charlie Sheen circa 2011.  I am talking about teenagers. Indeed, Aristotle described these elusive creatures as “heated by nature as drunken men by wine” – and that’s on a normal day.  But rest assured Mom and Dad – your teenager is not trying make your life miserable… Continue Reading

NEW JERSEY FAMILY LAW PODCAST SERIES PRESENTS: THE IMPACT OF “GREY DIVORCE” ON RETIREMENT PLANNING

Posted in Divorce, Practice Issues

In the second installment of our New Jersey Family Law Podcast Series, we are proud to present - Impact of Grey Divorce on Retirement Planning.  Based on one of our earlier blog posts, Robert Epstein and I highlight the practical implications associated with the recent uptick in divorce among the “Baby Boomer” generation – those over the age of… Continue Reading

THE INAPPROPRIATENESS OF LINKING RESOLUTION OF CUSTODY TO RESOLUTION OF FINANCES

Posted in Alimony, Child Support, Custody, Practice Issues, Visitation/Parenting Time

Judges want all issues resolved but especially custody and parenting issues.  No issues are more difficult and heart wrenching to decide – especially when facing a true, bona fide custody dispute (and I am not sure that there are really many of those – but occasionally they occur.) Phote courtesy of freedigitalphotos.net The New Jersey… Continue Reading

NEW JERSEY FATHER ORDERED TO PAY $112,000 FOR DAUGHTER’S LAW SCHOOL TUITION

Posted in Child Support, Custody, Divorce, Modification, Practice Issues

Talk about sticker shock.  A New Jersey father was recently ordered to pay more than $112,000 for his daughter to attend Cornell Law School. But is it really shocking?  The parties’ divorce agreement, entered into in 2009, did provide that the parents would split the cost of law school provided that she maintained over a… Continue Reading

TO DEFAULT OR NOT?

Posted in Divorce, Equitable Distribution, Practice Issues, Uncategorized

So you’ve made the decision to get divorced.  It hasn’t been an easy decision to make.  You’ve hired an attorney and filed your Complaint.  You wait for your spouse to respond.  Nothing.  One month later; still nothing.  Another month; more nothing.  In the meantime, you are living together in misery.  Bills aren’t getting paid.  The… Continue Reading